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(영문) 수원지방법원 2018.01.10 2017노6484

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (two years of suspended execution, protection observation, 80 hours of community service order, and 40 hours of lecture for compliance driving in October) of the gist of the grounds for appeal is unreasonable because it is too unfasible.

2. The judgment of the Defendant committed the instant crime without being aware of the history of punishment several times due to the traffic-related crimes, and again committed the instant crime.

In particular, in the case of self-driving on February 12, 2017, the fact that the blood alcohol concentration of the defendant was very high at the time of the driver's blood, that caused the accident due to drinking driving, and that the injury was inflicted on the victims is disadvantageous to the defendant.

However, in full view of the following: (a) the Defendant reflects the instant crime; (b) the Defendant was driving a motor vehicle that was driven by the Defendant was subscribed to a comprehensive motor vehicle insurance; (c) there was an agreement separately from some victims; (d) there was a circumstance to take into account the case of driving self-driving on March 4, 2017; (b) the Defendant’s female her female frisome died from cerebrovascular; (c) the Defendant’s spouse died from cerebrovascular around February 26, 2017; (d) the Defendant was living with his spouse at the third degree of disability; and (e) other various sentencing conditions indicated in the instant argument, including the background of the instant crime; (e) circumstances after the commission of the crime; (e) the Defendant’s age, sexual behavior; and (e) there

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.